Individuals holding Indefinite Leave to Enter/Remain (ILE/ILR) lose their status if they are outside the UK for more than two consecutive years. While even a brief visit to the UK resets this two-year clock, many people find themselves in this position.

For those with Permanent Residence (PR) or Settled Status (SS) under EU or post-Brexit rules, the absence period is extended to five years - except for Swiss nationals, where the limit is four years.

For simplicity, this article will refer to ILE, ILR, PR, and SS collectively as "settlement."

The returning resident

If you’ve lost settlement due to an extended absence, the Returning Resident visa offers a pathway to regain it. As with most immigration applications, there are three categories of requirements to meet: validity, suitability, and eligibility.

1. Validity Requirements: These involve submitting the correct application and paying the required fee.
2. Suitability Requirements: These relate to general grounds for refusal, such as criminal convictions, overstaying, or using deception.
3. Eligibility Requirements: The most important being that you have: Maintained strong ties to the UK during your absence. A genuine intention to permanently settle in the UK. Not been given financial assistance from public funds to leave the UK, unless the Windrush Scheme applies.

The first eligibility requirement, demonstrating strong ties to the UK, is often the deciding factor in these applications. Evidence is crucial and easier to present for shorter absences, though we have seen success even after very long periods away if ties have remained robust. The Home Office considers various factors, including:

• Family connections.
• Ownership of property or businesses.
• Charitable or community involvement.
• Financial links to the UK.

The reasons for leaving the UK and returning, the length of initial residence, and any compelling or compassionate circumstances are also taken into account. We have successfully used this route for persons afraid to return to their home country. If you previously held ILR, this route is worth exploring due to the significant benefits of reinstating settlement.

Family members

Applicants for a Returning Resident visa cannot automatically include a partner or any children in their application. Each family member must qualify individually, either as a Returning Resident or through another route. However, once the settlement is reinstated, options to sponsor family members, such as partners or children, potentially become available.

How we can help

Comprehensive evidence is key to a successful application. A detailed witness statement and strong supporting documents are essential. There’s no fixed list of required documents, allowing for flexibility and creativity in building a case. To maximise your chances, it’s best to allow plenty of time for preparation.

If you’re in this situation and wish to reclaim your settlement, we recommend seeking expert guidance to ensure the best possible outcome.

Why choose Latitude Law?

We understand how challenging it can be to navigate the UK visa process. Let our team of experienced immigration solicitors confidently guide you through the application steps.

Call Latitude Law today on 0300 131 6767, or use our online enquiry form to request a call back. Let our legal experts take the uncertainty out of your application.